Harris Township City Zoning Code
ARTICLE IX
Administration and Enforcement
§ 12-9.1 General provisions.
[Amended 9-14-1987 by Ord. No. 109]
A.
Enforcing official designated, duties. The Township Manager or his designee shall be the Zoning Officer and shall not hold any elective office in the Township. The Zoning Officer shall administer and enforce this chapter in accordance with its literal terms, and shall not have the power to permit any construction or any use or change of use which does not conform to this chapter. The duties of the Zoning Officer shall be as follows:
(1)
To examine, record, and file all applications for zoning permits, with any accompanying plans and documents, and to issue such permits only for lots, uses, and structures which are in conformity with the provisions of this chapter.
(2)
To receive applications for certificates of nonconforming uses, investigate, and issue or deny certificates of nonconforming uses.
(3)
To post a schedule of fees in his office.
(4)
To receive, investigate, and process all complaints and to notify persons of any violations of provisions of this chapter.
(5)
To conduct inspections of property for which zoning permits have been issued to ascertain if the construction or use is in conformity with the provisions of the permit.
(6)
Upon request of the Board of Supervisors, Planning Commission, or Zoning Hearing Board, to present to such body facts, records, and any similar information required to assist such body in its deliberations.
(7)
To be responsible for keeping current copies of this chapter and the Official Zoning Map for distribution to the public.
(8)
To perform other duties in the administration and enforcement of this chapter as may be directed by the Board of Supervisors and/or the Township Manager, as applicable.
B.
Fees. The Board of Supervisors shall establish a schedule of fees and a collection procedure for all zoning permits, certificates of nonconformity, applications for variances, validity challenges, unified appeals, and requests for curative amendments.
(1)
The schedule of fees shall be posted in the office of the Zoning Officer.
(2)
All such fees shall be payable to the Township at the office of the Zoning Officer.
(3)
No request for a zoning permit shall be considered complete until all fees have been paid in full.
(4)
No application or appeal to the Zoning Hearing Board and no application for a certificate of nonconformity shall be considered filed until the appropriate filing fee shall have been paid in full.
§ 12-9.2 Zoning permits.
[Amended 9-14-1987 by Ord. No. 109]
A zoning permit shall be required prior to the erection, extension, or alteration of any structure or portion thereof (except those listed in §§ 12-2.6F and 12-2.6G), and prior to the use or change in use of a structure or land. No such zoning permit shall be required for normal maintenance activities and minor repairs which do not constitute an erection, extension, or alteration as herein defined. No permit shall be granted by the Zoning Officer for any purpose except in compliance with the provisions of this chapter or, upon appeal; in compliance with a decision of the Zoning Hearing Board or the courts.
A.
Application for zoning permit. To apply for a zoning permit, the applicant shall submit an application for a zoning permit to the Zoning Officer along with all required fees. When required by this chapter, site plans and other information shall accompany the application.
B.
Review of application. All applications for zoning permits shall be granted or denied by the Zoning Officer within 30 days from the date of receipt of the application and fees for such. The Zoning Officer shall notify the applicant in writing of all action taken on the application for a zoning permit within said thirty-day period. If the application is denied, such notification shall specify the provisions of this chapter with which such application does not comply. If, for any reason, the Zoning Officer fails to notify the applicant of all action taken in the manner and time limit set forth above, such application shall be considered approved as submitted.
C.
Permit expiration. A zoning permit shall be valid for a period of 36 months from the day of issuance, or until a certificate of conformance is issued, whichever is first. A permit may be extended by the Zoning Officer upon proper application and payment of fees for a period not to exceed 18 months.
§ 12-9.3 Site plan review.
[Amended 4-12-1993 by Ord. No. 148; 12-9-1996 by Ord. No. 181; 4-13-1998 by Ord. No. 196; 3-14-2022 by Ord. No. 348]
A.
A site plan, as described below, shall be reviewed and approved by the Zoning Officer prior to submission of zoning permit applications that propose the following:
(2)
Whenever development is proposed involving the location of two or more primary uses or structures on a single lot, including, but not limited to, apartment complexes, shopping centers, and industrial parks; and
(3)
Any proposed use or structure located in the Village District except single-family and two-family detached dwellings or single-family semidetached dwellings.
(4)
Any proposed use, habitable structure, or driveway on slopes of 15% to 24.99%.
B.
A site plan, as described below, shall be reviewed by the Planning Commission and approved by the Board of Supervisors prior to submission of zoning permit applications that propose the following: a proposed use or structure located in or within 100 feet of a floodplain or wetland as stipulated in § 12-7.1; a proposed use or structure on steep slopes as stipulated in § 12-7.2; a proposed use involving designated well sites, potable water well pump station facilities, water treatment facilities; or water storage tanks; a proposed use involving a communications tower and its accessory facilities; and a proposed use or structure within the Natural Areas Zoning District. A site plan is not required for those circumstances cited above when a similar plan is required for a mobile home park permit or approval of a planned residential development as defined and regulated by their respective ordinances of the Township.
(1)
Submission and content of the site plan. Three copies of the site plan shall be submitted to the Zoning Officer. The site plan shall be drawn to a scale of one-inch equals 50 feet or larger and contain the following written and graphic information unless an item(s) is waived by the Zoning Officer because such is unnecessary to determine conformance with this chapter:
(a)
The name and address of the proposed development and the name and address of the owner of the property and the individual or firm preparing the site plan.
(b)
Centre County tax parcel number.
(c)
The deed source for the property, including book and page number.
(d)
Graphic scale.
(e)
North point.
(f)
Key map at a scale of one inch equals 400 feet showing streets and roads, buildings, and motor vehicle access within 500 feet from the exterior boundary of the lot.
(g)
Total size of the property, and each lot and/or area to be leased.
(h)
The proposed use of the property.
(i)
Topographic contour lines drawn at vertical intervals of five feet, including elevation of each ten-foot interval, both before and after the proposed construction.
(j)
The total tract boundary with distances marked to at least the nearest foot.
(k)
Location of the front, side, and rear yard setback area as required by the applicable zoning district.
(l)
All existing and proposed structures, showing location and a statement of the ground floor area, any retail and service floor area, height and elevation of each.
(m)
All streams, springs, sinkholes, floodplain boundaries, and slopes of 25% or more.
(n)
All existing and proposed street rights-of-way and cartways, including those abutting the property.
(o)
All existing and proposed points of motor vehicle access to the property.
(p)
All existing and proposed parking and loading spaces, parking lots, and a statement of the surfacing material to be used.
(q)
The location of all outdoor lighting fixtures, anticipated lighting patterns of lighting fixtures, and details of each fixture type.
(r)
The location and common name of existing and proposed vegetation to be used for landscaping.
(s)
The location of all buffer yards required by this chapter.
(t)
A space labeled "approved by" for the signature of the Zoning Officer; and a space for the date of such approval.
(2)
Any site plan that requires review and approval by the Board of Supervisors as described in § 12-9.3B shall also include the following:
(a)
Signature or seal of a licensed engineer or land surveyor certifying the accuracy of the plan.
(b)
Signed, notarized statement by the owner certifying ownership of the property.
(c)
Space for approval signatures by the Chairman and Secretary of the Board of Supervisors, including date of such approval.
(d)
A signature block for the review signature of the Township Engineer.
C.
All site plans submitted to the Township shall be reviewed and acted upon within 90 days of the date of receipt of a complete submission. The Zoning Officer shall notify the applicant in writing of all action taken on the site plan within said ninety-day period.
§ 12-9.4 Certificate of conformance.
[Amended 9-14-1987 by Ord. No. 109]
Upon completion of the erection, extension, or alteration of a structure, or upon fulfilling the requirements of a change in use for which a zoning permit was issued, the applicant shall apply for a certificate of conformance. The structure or the use for which the zoning permit was issued may not be occupied or otherwise used until a certificate of conformance has been issued by the Zoning Officer.
A.
Within 15 days of an application for a certificate of conformance, the Zoning Officer or his designated agent shall inspect the premises to determine if the action taken complies with the regulations of this chapter. If it does, a certificate of conformance shall be issued within the fifteen-day time limitation.
B.
If the action fails to comply with the regulations of this chapter, the Zoning Officer shall notify the applicant, in writing, of the denial of a certificate of conformance and shall state the provisions of this chapter with which the action does not comply. The applicant may correct the defects cited in the denial of the Zoning Officer for a certificate of conformance. If, upon notification by the applicant and inspection of the premises, the Zoning Officer finds that the defects have been corrected and that no additional defects have been created, a certificate of conformance shall be immediately issued.
C.
Failure of the Zoning Officer to properly grant or deny an occupancy permit in a manner and time period stipulated above shall constitute an approval of the application for a certificate of conformance, and the premises may be occupied or otherwise used as stipulated in the zoning permit.
D.
Temporary certificate of conformance. A temporary certificate of conformance may be issued in the manner prescribed above, pending: the completion of a structure or the fulfillment of requirements for a change in use to allow for partial occupancy; and the posting of a bond or certified check in an amount equal to the Zoning Officer's estimate of work remaining to be completed for a permanent certificate. The certificate shall be valid only until such time as the action for which the zoning permit was issued is complete, or for a period of six months after issuance, whichever is less.
(1)
Upon expiration of the temporary certificate of conformance, the applicant shall apply for a permanent certificate of conformance or, if the action remains incomplete, may apply for one additional temporary certificate of conformance. If the action remains incomplete after all additional temporary certificates have expired, the Zoning Officer shall use the proceeds of the bond or certified check to complete the necessary work. Any costs incurred by the Township over and above the amount of the bond or certified check shall be paid by the zoning permit holder prior to occupying the structure or otherwise using the land.
§ 12-9.5 Certification of nonconformity.
[Amended 9-14-1987 by Ord. No. 109]
An application for a certificate of nonconformity may be made to the Zoning Officer by the owner of a nonconforming use or structure requesting the Zoning Officer to register the existence of the nonconforming use or structure. The Zoning Officer shall investigate the claim of nonconforming use or structure to determine if it came into existence prior to the regulations which made it nonconforming, and to determine the extent of the nonconformity. If the use or structure is determined to be a valid, preexisting nonconforming use or structure, the Zoning Officer shall issue a certificate of nonconformity describing the nonconforming use or structure and defining its extent where applicable. Such certificate of nonconformity shall be valid evidence of such nonconforming use or structure. If the Zoning Officer denies a certificate of nonconformity, he shall state his reasons for such denial in a written decision issued within 30 days from the filing of the application for certificate of nonconformity. The Zoning Officer shall maintain a record of all applications and certificates of nonconformity issued or denied. Any person aggrieved by the action of the Zoning Officer in issuing or denying an application for a certificate of nonconformity may appeal the action within 30 days to the Zoning Hearing Board.
§ 12-9.6 Violations and penalties.
Failure to comply with any provision of this chapter shall be a violation of this chapter:
A.
Complaints regarding violations. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a complaint to the Zoning Officer stating fully the causes and basis thereof. The Zoning Officer shall record such complaint, immediately investigate, and take action thereon as provided by this chapter.
B.
Notice of violation. If the Zoning Officer shall find that any provision of this chapter has been violated, he shall notify the person responsible for such violation in writing, indicating the nature of the violation and ordering the action necessary to correct it, whereupon such violation shall be immediately corrected unless such person files an appeal of the order of the Zoning Officer in the manner provided by this chapter.
§ 12-9.7 Appeals. [1]
Any appeal from a decision or action of the Board of Supervisors or of any officer or agency of the Township in matters pertaining to this chapter shall be made in accordance with Article X-A of the Pennsylvania Municipalities Planning Code, as amended, 53 P.S. § 11001-A et seq.
§ 12-9.8 Amendments.
The regulations, restrictions, and district boundaries set forth in this chapter may, from time to time, be amended through action of the Board of Supervisors in the manner provided by §§ 609 through 611 of Article VI of the Pennsylvania Municipalities Planning Code, as amended, 53 P.S. §§ 10609 through 10611.